[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1520.3]

[Page 288-289]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1520--PROTECTION OF SENSITIVE SECURITY INFORMATION--Table of Contents
 
Sec. 1520.3  Records and information withheld by the Department of Transportation.

    (a) Except as provided in paragraphs (c) and (d) of this section, 
and notwithstanding the Freedom of Information Act (5 U.S.C. 552) or 
other laws, the records and information described in Sec. 1520.7 and 
paragraph (b) of this section are not available for public inspection or 
copying, nor is information contained in those records released to the 
public.
    (b) Section 1520.7 describes the information that TSA prohibits from 
disclosure. The Administrator prohibits disclosure of information 
developed in the conduct of security or research and development 
activities under 49 U.S.C. 40119 if, in the opinion of the 
Administrator, the disclosure of such information would:
    (1) Constitute an unwarranted invasion of privacy (including, but 
not limited to, information contained in any personnel, medical, or 
similar file);
    (2) Reveal trade secrets or privileged or confidential information 
obtained from any person; or
    (3) Be detrimental to the safety of persons traveling in 
transportation.
    (c) If a record contains information that the Administrator 
determines cannot be disclosed under this part, but also contains 
information that can be disclosed, the latter information, on proper 
Freedom of Information Act request, will be provided for public 
inspection and copying. However, if it is impractical to redact the 
requested information from the document, the entire document will be 
withheld from public disclosure.
    (d) After initiation of legal enforcement action, if the alleged 
violator or designated representative so requests, the Chief Counsel, or 
designee, may provide copies of portions of the enforcement 
investigative report (EIR), including sensitive security information. 
This information may be released only to the alleged violator or 
designated representative for the sole purpose of providing the 
information necessary to prepare a response to the allegations contained 
in the legal enforcement action document. Such information is not 
released under the Freedom of Information Act. Whenever

[[Page 289]]

such documents are provided to an alleged violator or designated 
representative, the Chief Counsel or designee advises the alleged 
violator or designed representative that--
    (1) The documents are provided for the sole purpose of providing the 
information necessary to respond to the allegations contained in the 
legal enforcement action document; and
    (2) Sensitive security information contained in the documents 
provided must be maintained in a confidential manner to prevent 
compromising civil aviation security, as provided in Sec. 1520.5.